Heads are spinning this week from the U.S. Supreme Court's Cunningham decision, with California's legal community stuck in limbo -- waiting for the Legislature to change the state's sentencing law, while facing a potential surge of old cases. Many lawyers accept the idea that the ruling must be applied retroactively, but how far back that retroactivity extends -- as well as how public defender offices will prioritize which cases to bring up first -- is still up in the air.
January 25, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Heads were still spinning Tuesday from the U.S. Supreme Court’s Cunningham decision, with the legal community stuck in limbo — waiting for the Legislature to change California’s sentencing law, while facing a potential surge of old cases.
Many lawyers, including Linda Klee, the San Francisco district attorney’s chief of administration, accept the idea that the ruling must be applied retroactively because it was based on Sixth Amendment and Fourteenth Amendment rights.
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